Chapter 895: Underground Facility Damage Prevention Requirements

Code of Maine Rules [CMR]

65 Public Utilities Commission

407 Public Utilities Commission - General

Section	Description
Section 1	General provisions
Section 2	Definitions
Section 3	[Repealed]
Section 4	Responsibilities of the excavator
Section 5	Responsibilities of dig safe system
Section 6	Responsibilities of the operator
Section 7	Commission activities
Section 8	Administrative penalties
Section 9	Contempt
Section 10	Imprudent action
Section 11	Injunctions
Section 12	Waiver or exemption

SUMMARY: This rule describes the responsibilities of excavators, underground facility operators, the damage prevention system (Dig Safe System, Inc.), and the Public Utilities Commission in implementing Maine's underground facility damage prevention statute. The rule establishes notification, marking, and reporting procedures, defines violations and penalties, and describes the process by which the Public Utilities Commission will enforce the program and monitor its success.

AUTHORITY: 23 M.R.S.A. §3360-A, 35-A M.R.S.A. §Section 104 and 111; Resolve 2005 c.184, Resolve 2011 c. 31; P.L. 2011, ch. 72 and ch. 588.

EFFECTIVE DATE: This Chapter was approved as to form and legality by the Attorney General on July 7, 2004. It was filed with the Secretary of State on July 9, 2004 (filing 2004-269, major substantive) and became effective on August 8, 2004.

EFFECTIVE DATE: This Chapter was approved as to form and legality by the Attorney General on May 31, 2006. It was filed with the Secretary of State on June 1, 2006 (filing 2006-236, major substantive) and became effective on July 1, 2006.

EFFECTIVE DATE: This Chapter was approved as to form and legality by the Attorney General on June 22, 2011. It was filed with the Secretary of State on June 24, 2011 (filing 2011-207, major substantive) and became effective on July 24, 2011.

EFFECTIVE DATE: This Chapter was approved as to form and legality by the Attorney General on May 8, 2012. It was filed with the Secretary of State on May 10, 2012 (filing 2012-149, major substantive) and became effective on June 9, 2012.

EFFECTIVE DATE: This rule was approved as to form and legality by the Attorney General on June 11, 2015. It was filed with the Secretary of State on June 12, 2015 (filing 2015-109, major substantive) and became effective on July 12, 2015.

CORRECTION: Language missing from Section 6(A)(1)(d)(i) regarding cable service drops was re-inserted on the authority of Assistant Attorney General Linda Conti on August 17, 2015.

EFFECTIVE DATE: This rule was approved as to form and legality by the Attorney General on March 8, 2016. It was filed with the Secretary of State on March 9, 2016 and became effective on March 14, 2016 (filing 2016-042).

EFFECTIVE DATE: This rule was approved as to form and legality by the Attorney General on July 6, 2021. It was filed with the Secretary of State on July 6, 2021 and became effective on August 5, 2021 (filing 2021-144, major substantive).